Public-domain · open source
OpenJurist

678 So. 2d 112

McDorman v. Archer

Court of Civil Appeals of Alabama

Decided August 25, 1995

Court of Civil Appeals of Alabama · decided 1995-08-25

Cited by 2 later decisions — most recently January 2016

2 state decisions

Key passage — most relied on by later courts

““ ‘The plain language of § 12 — 19—27[2] states that the court must make its award of attorney’s fees under the [ALAA] as part of its judgment on the merits of the case, “in addition” to other costs assessed against a frivolous litigant. The statute does not create a new or separate cause of action to be brought after a case is litigated and given a final adjudication on its merits; rather, it indicates that the motion must be made during the pendency of the case.’ ””

quoted by 2 later decisions, including Cain v. Strachan, Wagnon v. Gravelle

““In this case, the defendants filed the motion for attorney fees on June 21, 2010—three days after the trial court entered the summary judgment. Therefore, the motion was made after the final adjudication on the merits, and the trial court had no jurisdiction to award attorney fees. Because the trial court lacked jurisdiction over the issue of attorney fees, the order purportedly awarding the fees is void.””

quoted by 1 later decision, including Wagnon v. Gravelle

Relies on 601 So. 2d 110 - Baker v. Williams Bros., Inc.

Good law ✅— No negative treatment on recordhow we know

Decided 1995-08-25

View the full empirical analysis of this case →

CRAWLEY, Judge.

¶1In January 1992, Belinda Kay McKinnon filed a complaint against Clarence L. MeDor-man, alleging that MeDorman had committed legal malpractice. Naomi H. Archer and C. Michael Quinn of the law firm Gordon, Sil-berman, Wiggins, and Childs represented McKinnon in the action against MeDorman. MeDorman filed a motion for summary judgment, which the trial court granted. Meanwhile, Quinn had filed a motion to withdraw as counsel, which the trial court also granted. MeDorman then filed a motion to assess attorney fees against Archer, Quinn, and the law firm, pursuant to the Alabama Litigation Accountability Act (ALAA), Ala.Code 1975, §§ 12-19-270 through -276. The trial court denied McDorman’s motion for attorney fees, and MeDorman appeals.

¶2We conclude that the trial court properly denied McDorman’s motion for attorney fees, because it did not have jurisdiction to award them pursuant to the ALAA. This court has stated:

“The plain language of § 12-19-270 states that the court must make its award of attorney’s fees under the Act as part of its judgment on the merits of the case, ‘in addition’ to other costs assessed against a frivolous litigant. The statuté does not create a new or separate cause of action to be brought after a case is litigated and given a final adjudication on its merits; rather, it indicates that the motion must be made during the pendency of the case.”

¶3Baker v. Williams Brothers, Inc., 601 So.2d 110, 112 (Ala.Civ.App.1992). The motion for attorney fees was made after the summary judgment had been entered; therefore, it was made after the final adjudication on the merits. Thus, the trial court had no jurisdiction to award attorney fees.

¶4AFFIRMED.

*113ROBERTSON, P.J., and THIGPEN and YATES, JJ., concur.MONROE, J., recused.
/678/so2d/112 · .json · Public domain